CarDana Terms of Service

LAST UPDATED: 2/17/2025

  1. Introduction; Consent to Electronic Communications

These terms of service, as amended from time to time, are a legal agreement between CarDana, Inc., its affiliates and any respective successors or assigns (collectively, “CarDana,” “our,” “we” or “us”) and you regarding your use of CarDana’s website(s), applications and any products and services offered by CarDana (collectively, the “Services”). The Services are offered to you by CarDana and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, publication or exploitation of the Services. Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained herein (the “Agreement” or “Terms of Service”).

Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement and also our Privacy Policy https://cardana.co/privacy/. In addition, we require your express acceptance to this Agreement and the Privacy Policy, the terms of which are incorporated herein by reference, when you register to access and use the Services. If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to register for access or use of the Services and are not to use or access the Services.

These Terms of Service apply whether you are a user that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and CarDana regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.

IMPORTANT NOTICE:  UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 20, THE TERMS INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.   PLEASE READ SECTION 20 CAREFULLY.

By clicking to “Sign Up” or otherwise registering for the Services, you are deemed to have executed this Agreement electronically. You consent to electronically receive and access via email or your User Account (defined below) all records, disclosures and notices related to your User Account or the Services that we would otherwise be required to provide to you in paper form. Your consent to receive records, disclosures and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records, disclosures and notices electronically at any time by sending an email to info@cardana.co with “Revoke Electronic Consent” in the subject line. Any withdrawal of your consent to receive records, disclosures and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. If you fail to provide or if you withdraw your consent to receive communications electronically, we reserve the right to restrict, deactivate or close your User Account.

To ensure that we are able to provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your User Account or by contacting us via email.

To view and retain a copy of this Agreement and other communications from us, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (i) you have read and understand the above consent to receive records and notices electronically; (ii) you satisfy the minimum hardware and software requirements specified in this Section 1; and (iii) your consent will remain in effect until you withdraw your consent as specified above.

We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

  1. Privacy

Please see our Privacy Policy https://cardana.co/privacy/ for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.

  1. Use of CarDana – Minors and Blocked Persons

The Services are not available to persons under the age of 18. The Services are also not available to any users previously removed from the Services by CarDana or to any persons barred from receiving them under the laws of the United States or applicable laws in any other jurisdiction. You may be asked to verify that you are over the applicable age limit during your use of the Services, and you hereby agree that you shall not misrepresent your age.

  1. User Account Setup

Certain content and Services that we may offer or that you may wish to access may require that you first register with us and create an account (“User Account”). To establish a User Account, you may be required to provide CarDana with certain personal information, including, without limitation, your email, address and date of birth. You agree that you will supply accurate information, and that you will update that information promptly if it changes. CarDana reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, or payment processing account(s).

You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password.

Unless expressly permitted in writing by CarDana, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. CarDana reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CARDANA.

When opening an account with us on behalf of a relative, ward and/or anyone under your care, including, without limitation, under a conservatorship, or on behalf of an estate and/or a deceased individual (collectively, “Represented Person”), you represent and warrant that you: (i) are an authorized representative of that Represented Person with the authority to bind that Represented Person to these Terms of Service and grant the licenses set forth herein, whether as an heir, trustee, conservator or other authorized person; and (ii) agree to these Terms of Service on behalf of yourself and such Represented Person. Further, if you open an account on behalf of any entity or organization, you represent and warrant that you are an authorized representative of that entity and that you are agreeing to these Terms of Services on behalf of such entity.

  1. Information Collection.

By using the Services and signing up for a User Account, you authorize CarDana, directly or through Third Party Providers, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. We reserve the right to close, suspend, or limit access to your User Account and/or the Services in the event we are unable to obtain or verify this information.

  1. Vehicle Donation and Fees

With CarDana you can complete a questionnaire about your vehicle online and, in most cases, get an instant valuation report on the value of your vehicle from one of our Third Party Providers. Vehicle valuations are for informational purposes only and CarDana does not guarantee the accuracy of such information. Valuations are not an offer to purchase or sell your vehicle for the valuation quoted. Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

If you would like to donate a vehicle using the Services, you (on behalf of yourself and a Represented Person, if applicable) represent and warrant that: (a) you are the true and lawful owner of the vehicle; (b) all vehicle information submitted through the Services, including but not limited to, ownership information, lien information, mileage, equipment, vehicle condition, and all personal identification and contact information provided by you to us is truthful, accurate and complete; (c) the VIN numbers have not been tampered with; and (d) the title is free and clear of any liens unless we have been notified in advance of such lien(s) and have agreed to discharge the lien(s) as part of the Services (which may incur additional costs).

You further hereby grant CarDana the exclusive right to, at our option, sell at auction or otherwise dispose of the vehicle on your behalf and to donate the Proceeds (as defined at the end of this Section 6) to the cause that you selected through the Services (“Cause”). CarDana cannot guarantee that the Proceeds will be donated to the Cause selected (see disclaimer at the end of this Section 6). All donations will be made via our applicable donation platform providers or directly through CarDana, if applicable, (each a “Donation Platform”).

CarDana, in its sole discretion, will determine if the vehicle should be sold for scrap/recycled (“Scrap Sale”) or sold at auction (“Auction Sale”). CarDana reserves the right to reject any vehicle for any reason in CarDana’s sole discretion. CarDana’s decision will be final.

You understand and agree that CarDana will provide your information, including, without limitation, vehicle information and contact information to its Third Party Providers in the event of a Scrap Sale or an Auction Sale. Thereafter, depending on the type of sale, such Third Party Provider may contact you to schedule a vehicle pickup.  See Section 7 (Communications) and our Privacy policy for further information.

If at any time after CarDana has in its discretion determined to sell your vehicle either as an Auction Sale or a Scrap Sale, CarDana reasonably determines that: (i) you misrepresented the condition of the vehicle; (ii) the vehicle condition deteriorated between the time that you requested the vehicle be collected via the Services and the time that you transferred possession of the vehicle to CarDana; (iii) you committed any fraud during the vehicle appraisal process; (iv) you do not have valid and/or marketable title to the vehicle; and/or (v) you have violated any section of this Agreement, CarDana shall have the right to terminate its offer to sell the vehicle and donate the Proceeds. CarDana may thereafter, at your cost, return the vehicle to its pickup location, if the vehicle has been previously retrieved. Any costs of return and collection, as well as any other out of pocket costs will be billed to your User Account and you agree to pay any and all such charges.

Vehicle pickup shall be subject at all times to the then-current policies and guidelines for pickup published by CarDana. CarDana, and its Third Party Providers, reserve the right to cancel, modify, reschedule, and/or reject a pickup in their sole discretion. You agree to give at least 30-hours’ notice via the Services to cancel a scheduled pickup. If you are not available during a scheduled pickup or if the pickup is cancelled with less 30 hours’ notice, you will be subject to a cancellation charge.

Please remove all your belongings as well as any stored personal information (saved contacts, etc.) from your vehicle and its systems once you have arranged for vehicle pickup. You are solely responsible for any personal belonging as well as personal information left available in the vehicle. It is your responsibility to remove all personal belongings as well as personal information (whether yours or others) from the vehicle before the vehicle is picked up and to ensure the vehicle is ready to be sold. We or our Third Party Providers are not responsible for any of your belongings or information once the vehicle leaves your possession. We and our Third Party Providers are not responsible for any loss of any kind suffered by you due to your failure to remove such belongings or information.

If CarDana has determined to sell your donated vehicle pursuant to these Terms of Service, CarDana may offer you the opportunity to participate in its “Payment on Pickup” program in its sole discretion. Under this program, CarDana will advance the Payment on Pickup Proceeds to your Cause prior to the sale of your vehicle, even if it sells for a lower value. Once your vehicle has been picked up, its condition has been validated by CarDana or its Third Party Providers, and a valid, duly signed, and negotiable title for it has been received by CarDana or its Third Party Providers, CarDana will advance the Payment on Pickup Proceeds to your Cause. “Payment on Pickup Proceeds” means an amount in US Dollars equal to estimated Proceeds of your vehicle, as determined by CarDana, in its sole discretion. To the extent actual Proceeds exceed Payment on Pickup Proceeds, CarDana will donate the difference to your Cause. The Payment on Pickup Program is subject to all applicable fees and charges, including any additional fees, as detailed.

You will be asked by either CarDana and/or our Third Party Providers to provide title for the vehicle. In certain instances, you may receive a pre-paid, addressed envelope for sending the title either to CarDana and/or our Third Party Providers. CarDana and/or our Third Party Providers are not responsible for lost mail/envelopes. It is your responsibility to maintain a copy of the vehicle’s title. Once sold, CarDana and/or its Third Party Providers will arrange for the official transfer of title.

CarDana does not guarantee that your vehicle will be sold, whether via Scrap Sale or Auction Sale. Further, vehicle sales, whether Auction Sales or Scrap Sales, may take an undetermined amount of time. CarDana and its Third Party Providers are not responsible for the timing of each sale. CarDana and its Third Party Providers cannot guarantee that the Proceeds shall be donated to your selected Cause. If the Cause is no longer accepting donations at the time of Proceeds donation, you may elect to donate the Proceeds to a new Cause via an election through the Services. Further, any donation shall be subject to the terms and policies, including, without limitation, the refund rules and other rules and regulations then in effect, of each applicable Donation Platform.

As used in these Terms of Service, “Proceeds” means the proceeds from the sale of a vehicle donated via the Services to a Cause via a Donation Platform, less any applicable costs and fees. Following the vehicle’s sale and Proceeds donation, a statement will be posted to your User Account and/or sent to you via your selected delivery preference detailing the sale price, fees deductions, including all applicable CarDana fees, and the Proceeds amount. CarDana will also provide IRS Form 1098(c) for vehicles with a sale price of $500 or more.

You understand and agree that it is your responsibility to file all applicable tax forms. CarDana and its Third Party Providers specifically disclaim any and all liability related to the levy of and payment of any taxes related to the transactions via the Services. 

  1. Communications

You expressly consent to receive SMS messages (including text messages) and telephone calls (including prerecorded and artificial voice and autodialed) from us and our Third Party Providers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. CarDana and our Third Party Providers may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means. Standard mobile, message, or data rates may apply, and you are responsible for any such fees. We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you. CarDana reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Service relies, or if any such service should revoke or cancel your account on that site.

You also understand and agree that CarDana may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with CarDana or its Third Party Providers for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with CarDana may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by CarDana, and CarDana does not guarantee that recordings of any particular telephone calls will be retained or retrievable. Notwithstanding this provision, CarDana’s delivery of any disclosures governed by a e-sign consent shall be governed by your consent or withdrawal of consent to receiving such disclosures in electronic form.

  1. User Account Termination

You may terminate your User Account through your account management features on the Services or by contacting us at info@cardana.co. If you owe any payment, CarDana will not close your User Account until that payment has been made. Upon User Account closure, we will cancel any pending transactions unless otherwise legally prohibited. You will remain liable for all obligations related to your account even after the User Account is closed.

Further, CarDana may choose not to provide the Services to you and/or terminate your User Account at any time for any reason, including but not limited to your use of the Services in violation these Terms of Service or applicable law, your fraudulent use or misuse of the Services, or for any other reason.

To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with the Services, any term of these Terms of Service, any policy or practice of CarDana in operating the Services, or any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

CarDana will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.

  1. Services Changes

You agree that we may modify the Services or cease making them available to you at any time without notice. We have no obligation to continue to make any particular feature available to you or to do so without charge. If we modify any feature or cease to make a feature(s) available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the feature and have no rights to obtain such information from us. There may be times when a feature we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the features generally. You may need certain hardware or software to utilize the features, and you understand that your failure or inability to have such hardware or software will result in your not being able to use the features or some functionality. You agree that we may use information we gather through the features to market other products and/or services to you, including those of third parties.

  1. Third Party Sites

You are responsible for deciding if you want to access or use third party applications or other websites that link to and/or from the Services. CarDana does not control any such applications or websites, including, without limitation, the information, materials, products, or services contained on or accessible therethrough, and makes no representations or warranties of any kind regarding the applications or websites and the information therein. Access and use of any such third party sites or applications, including those of our Third Party Providers is solely at your own risk.

  1. License

The Services are owned and operated by CarDana. Unless otherwise indicated, all content, information, and other materials and features on the Services (excluding User Content, set out in Section 12 below), including, without limitation, CarDana’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of CarDana or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by CarDana, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Services for your personal use or internal business use only. CarDana reserves all rights not expressly granted in these Terms of Service.

  1. User Content

The Services may allow you to use services such as customer reviews and forum postings; and to participate in other activities in which you may create, post, transmit other data or materials on the Services (“User Content”).

To the extent permitted by applicable law, CarDana takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is CarDana liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

CarDana is not liable for any statements or representations included in User Content. CarDana does not endorse any User Content, opinion, recommendation, or advice expressed therein, and CarDana expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, we reserve the right, but are not obligated, to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services.

Unless otherwise agreed to in a written agreement between you and CarDana that was signed by an authorized representative of CarDana, if you submit, transmit, display, perform, post, or store User Content using the Services, you grant CarDana and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that CarDana and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, property right, or any other intellectual property or proprietary right, (2) slander, defame or libel any other person, (3) be deceptive, fraudulent, discriminatory, obscene, pornographic, or otherwise objectionable, or (4) cause CarDana to violate any law or regulation or require CarDana to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; (d) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or confidential information of any third parties; and (e) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. CarDana reserves all rights and remedies against any users who breach these representations and warranties.

To the furthest extent permitted by applicable law, you hereby agree that CarDana shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against CarDana for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY CARDANA HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

  1. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Services.

You agree that you will comply with these Terms of Service and will not:

  1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
  1. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

  1. harvest or collect email addresses or other contact information of other users from the Services;
  1. defame, harass, abuse, threaten, or defraud users of the Services, or collect or attempt to collect, personal information about users or third parties without their consent;
  1. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content, or (d) the copyright or other proprietary rights notices on the Services or User Content;

vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, trade secrets, or applications of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

viii. modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

  1. interfere with or damage the operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  1. relay email from a third party’s mail servers without the permission of that third party;
  1. access any website, server, software application, or other computer resource owned, used, and/or licensed by CarDana, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by CarDana, including but not limited to the Services;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;

xiii. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

xiv. use or attempt to use another user’s User Account without authorization from that user;

  1. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access; and

xvi. use the Services for any illegal or malicious purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy or to build a competing service.

  1. Digital Millennium Copyright Act

We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

  1. provide your physical or electronic signature;
  1. identify the copyrighted work that you believe is being infringed;

iii. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;

  1. provide us a way to contact you, such as your address, phone number or email address. Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
  1. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

CarDana, Inc.
Attn: DMCA Agent
350 Forest Ave., #4904, Laguna Beach, CA 92652
Email: DMCA@cardana.co

  1. Trademarks

The CarDana logos, and any other product or service name, logo, or slogan used by CarDana, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of CarDana, and may not be used in whole or in part in connection with any product or service that is not CarDana’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CarDana, without our prior written permission.

All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

  1. Idea Submission

If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of CarDana in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, CarDana the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that CarDana chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against CarDana relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless CarDana, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, including any features, any User Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, any breach of the representations, warranties, and covenants made by you herein, or the vehicle(s) you choose to sell through the Services. You agree to promptly notify the Indemnified Parties of any third-party claim, and CarDana reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CarDana, and you agree to cooperate with CarDana’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES, FEATURES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CARDANA; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, FEATURES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) CARDANA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) CARDANA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) CARDANA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, FEATURES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARDANA OR THROUGH THE SERVICES, INCLUDING THE FEATURES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR THE FILING OF YOUR TAXES. CARDANA DOES NOT PROVIDE TAX OR LEGAL ADVICE. PLEASE SEEK THE ADVICE OF A LAWYER AND/OR ACCOUNTANT IF YOU HAVE ANY QUESTIONS ABOUT THE TAX OR LEGAL IMPLICATIONS OF YOUR USE OF THE SERVICES.

  1. Limitation of Liability and Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL CARDANA OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THE FEATURES, THE CONTENT, USER CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CARDANA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CARDANA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, CARDANA SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT CARDANA HAS OFFERED THE SERVICES, FEATURES, MATERIALS, AND OTHER CONTENT AND INFORMATION AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CARDANA, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CARDANA. CARDANA WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

  1. Applicable Law, Venue and Dispute Resolution

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CARDANA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CARDANA.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or the Privacy Policy (“Dispute”), you and CarDana agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laguna Beach, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, CarDana may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which CarDana or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, CarDana would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that CarDana shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of CarDana’s services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or CarDana’s services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND CARDANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CarDana agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.

YOU AND CARDANA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. Miscellaneous

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

In accordance with provisions in this Agreement requiring CarDana to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to CarDana can be done so by means of email to: info@cardana.co or by first class mail, postage prepaid, or overnight courier to:

CarDana, Inc.
Attn: Customer Notice Processing
350 Forest Ave., #4904, Laguna Beach, CA 92652

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CarDana without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.

The Terms of Service is the entire agreement between you and CarDana relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties or by a change to these Terms of Service made by CarDana as set forth herein.